Wrongful Termination in California | What Counts as Illegal Firing Under FEHA

Being fired hurts — emotionally, financially, and professionally. But what if your termination wasn’t just unfair — what if it was illegal?
In California, most employment is “at-will,” meaning an employer can end your job for almost any reason. However, that freedom has limits. When an employee is terminated for discriminatory, retaliatory, or unlawful reasons, it becomes a wrongful termination — a serious violation of state and federal law.

This article breaks down exactly what qualifies as wrongful termination under California law, common examples, and the steps to take if you believe your rights have been violated.

At-Will Employment in California — and Its Limits

California is an at-will employment state, which means your employer can terminate you at any time — with or without cause — and you can leave your job freely, too.

However, “at-will” doesn’t mean “anything goes.”
Certain reasons for firing an employee are explicitly prohibited under the California Fair Employment and Housing Act (FEHA) and related labor laws.

Your employer cannot terminate you for reasons that violate:

• Discrimination laws (race, gender, disability, etc.)

• Retaliation protections (reporting illegal activity or harassment)

• Public policy (refusing to participate in illegal conduct)

• Employment contracts or implied agreements (promises of continued work)

• Labor code rights (reporting safety or wage violations)

When a termination violates one of these categories, it may legally qualify as wrongful termination.

What Qualifies as Wrongful Termination in California

A. Discrimination-Based Termination

Under FEHA, it’s illegal for an employer to fire you because of your:

• Race or ethnicity

• Gender, sexual orientation, or gender identity

• Age (40 or older)

• Religion

• National origin

• Disability or medical condition

• Pregnancy or childbirth

• Marital status

Example:
An employee is let go shortly after disclosing pregnancy or requesting maternity leave — this could qualify as wrongful termination.

B. Retaliation for Protected Activity

You cannot be fired for speaking up about illegal or unethical behavior.
Protected actions include:

• Reporting sexual harassment or discrimination

• Filing a workers’ compensation claim

• Complaining about unpaid wages or overtime

• Reporting unsafe work conditions (Cal/OSHA)

• Participating in a workplace investigation

Example:
You report your manager for harassment, and within weeks you’re fired for “performance issues” that were never documented before. That’s a potential retaliatory discharge under FEHA.

C. Termination in Violation of Public Policy

California law protects employees from being terminated for refusing to do something illegal or for exercising a legal right.

Protected examples:

• Refusing to falsify company documents

• Refusing to participate in discrimination

• Taking protected medical or family leave

• Serving on a jury or voting

If an employer fires you for standing by these principles, the termination violates public policy.

D. Breach of Contract or Implied Agreement

Even in at-will situations, there are exceptions.
If your employer made verbal or written promises — such as guaranteed hours, duration of employment, or termination only for cause — that can form an implied contract.

Example:
You’re told repeatedly your job is “secure as long as performance is good,” and you’re then terminated without warning despite excellent reviews. That inconsistency may support a wrongful termination claim.

E. Constructive Discharge (Forced Resignation)

Sometimes, wrongful termination doesn’t come as a firing — it’s when conditions become so intolerable that you feel forced to resign.
This is known as constructive discharge, and it’s treated as a termination under the law.

Examples include:

• Persistent harassment ignored by management

• Hostile comments or retaliation after complaints

• Unlawful demotions or pay cuts meant to push you out

In these cases, resignation doesn’t erase your rights — it strengthens them.

What Doesn’t Qualify as Wrongful Termination

Understanding what doesn’t qualify helps set realistic expectations.
These examples, while unfair, typically don’t meet the legal standard for wrongful termination:

• Being fired due to company downsizing or restructuring

• Termination after poor performance documentation

• Personality conflicts without discriminatory motive

• Loss of trust or morale issues unrelated to protected rights

However, if your employer’s stated reason is false or pretextual, and there’s evidence it was motivated by discrimination or retaliation, it may still qualify as wrongful termination.

Steps to Take If You Suspect Wrongful Termination

Step 1: Document Everything

Immediately start a log of incidents — including termination details, prior warnings, and any discriminatory or retaliatory behavior.

Step 2: Request Written Confirmation

Ask HR or your supervisor for a written reason for termination. This often exposes inconsistencies later used in your case.

Step 3: Preserve Evidence

Keep:

• Emails, texts, or messages related to your firing

• Performance reviews, HR reports, and witness statements

• Notes from prior complaints or investigations

Step 4: File a Complaint or Consult a Lawyer

In California, wrongful termination cases typically start with a claim through the California Civil Rights Department (CRD) or directly through a private attorney.

Act quickly — many claims have one- to three-year time limits depending on the violation.

Potential Damages in a Wrongful Termination Case

Victims of wrongful termination may be entitled to:

• Lost wages and future earnings

• Emotional distress damages

• Legal fees and court costs

• Punitive damages (for egregious employer conduct)

• Job reinstatement (in some cases)

The actual compensation depends on documentation, witness credibility, and the severity of the violation.

How JusticeGuys Helps Wrongfully Terminated Employees

At JusticeGuys, we make it simple to find a California employment attorney who understands wrongful termination law inside and out. Whether your firing involved discrimination, retaliation, or forced resignation, we help connect you to professionals who will:

• Evaluate your termination facts confidentially

• Determine if FEHA or other state laws were violated

• File your claim or negotiate a settlement on your behalf

Your next step starts with one conversation — and we’ll help you take it confidently.

Wrongful Termination Evidence & Incident Log Template

Documenting your experiences is key to building a strong case. Download this free Wrongful Termination Log to record important dates, employer actions, and witness details. Organized documentation can make all the difference in your claim.

Download the Incident Log Template

Think You Were Wrongfully Terminated? Let JusticeGuys Help.

Don’t face your employer alone. JusticeGuys connects you with California employment attorneys who specialize in wrongful termination and retaliation cases. Your consultation is confidential — and your rights are worth protecting.

Find a Wrongful Termination Lawyer Now

FAQs

1. What qualifies as wrongful termination in California?
Firing someone for discriminatory, retaliatory, or illegal reasons violates FEHA and California labor laws.

2. Can I sue if I was fired for reporting harassment or unsafe conditions?
Yes. Retaliation for reporting harassment, wage theft, or safety violations is illegal under California law.

3. What’s the time limit to file a wrongful termination claim?
Generally, one to three years from the date of termination, depending on the type of violation.

4. What if I was pressured to quit instead of being fired?
You may still have a case under “constructive discharge” if working conditions were intolerable.

5. Can I be fired without warning in California?
Yes, but not for illegal reasons. Employers can terminate at will — but discrimination, retaliation, or rights violations make it unlawful.

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